BP seeks to spread blame as first phase of spill trial ends

Fire boats battle the blaze at the Deepwater Horizon on April 21, 2010. On Friday, two months after the end of the first phase of a trial aimed at assigning blame for the blowout, parties filed closing arguments. less

Fire boats battle the blaze at the Deepwater Horizon on April 21, 2010. On Friday, two months after the end of the first phase of a trial aimed at assigning blame for the blowout, parties filed closing ... more

Photo: U.S. Coast Guard, Handout

Photo: U.S. Coast Guard, Handout

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Fire boats battle the blaze at the Deepwater Horizon on April 21, 2010. On Friday, two months after the end of the first phase of a trial aimed at assigning blame for the blowout, parties filed closing arguments. less

Fire boats battle the blaze at the Deepwater Horizon on April 21, 2010. On Friday, two months after the end of the first phase of a trial aimed at assigning blame for the blowout, parties filed closing ... more

Photo: U.S. Coast Guard, Handout

BP seeks to spread blame as first phase of spill trial ends

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NEW ORLEANS - BP wrapped up its defense in the civil trial over the 2010 Gulf of Mexico oil spill Wednesday the same way it began the case in opening statements - it sought to show that its partners on the doomed Macondo well project share responsibility for the disaster.

BP's final two witnesses, and videos of depositions by cement testing experts, were part of the British oil giant's effort to shift blame to Transocean, which owned the Deepwater Horizon rig that exploded, and Halliburton, which provided the cement for the undersea well that blew out off Louisiana.

The testimony characterized BP as committed to safety, Transocean as employing a rig crew that responded too slowly to the emergency aboard the vessel, and Halliburton as providing unstable cement that bubbled up and fell apart in post-accident testing.

The close of Wednesday's testimony ended an eight-week non-jury proceeding before U.S. District Judge Carl Barbier - the first phase of a trial combining hundreds of claims and counter-claims. Barbier gave the lawyers 80 days to file and reply to written conclusions about the evidence, suggesting it could be at least three months before he rules on the central issue in the trial's first phase - how to apportion blame for the disaster.

Phase two, which will address the amount of oil that spilled, is set to begin in September.

Decision on negligence

Barbier also must decide whether BP, Transocean and Halliburton were grossly negligent in connection with the rig blast that killed 11 workers and the worst offshore oil spill in U.S. history. He has dismissed claims against other companies.

A finding of gross negligence could result in billions of dollars in punitive damages for all three companies and billions of dollars more in Clean Water Act fines for BP, which owned the Macondo well and leased the Deepwater Horizon from Transocean.

The determination of the amount of crude spilled also will figure in Clean Water Act fines. The government once estimated the spill was 4.9 million barrels, but agreed this year to lower that to 4.1 million barrels, about 172 million gallons. BP has disputed the government estimates.

During much of the testimony in the trial so far, witnesses have described BP as a company that risked safety to cut costs on its well project, which was behind schedule and tens of millions of dollars over budget at the time of the disaster. They also accused BP of ignoring its own safety standards and botching a critical pressure test that could have prevented the blowout.

BP sought to turn the tables in its defense.

Its final witness was a maritime safety expert, Andrew Mitchell, who testified that the Transocean rig crew was unprepared to deal with the emergency. He said that if the captain had activated an emergency system to disconnect the rig from the well in time, it would have averted the disaster.

"He did not take the last clear chance to save his ship, his crew and preserve the environment," said Mitchell. He characterized the captain as inexperienced and said a junior officer had to convince him how grave the situation was.

Safety stressed

Earlier Wednesday, a former BP vice president testified that safety was a top priority for the company, and there was no discussion of cost-cutting pressures prior to the rig blast and oil spill.

"They took pride in what they did," said Patrick O'Bryan, who was vice president of drilling and completions for BP for the Gulf of Mexico at the time of the disaster. "They wanted to deliver a well, but they wanted to deliver a safe well."

O'Bryan, who visited the Deepwater Horizon the day of the explosion to assess its safety and the progress of the Macondo well project, said no one at Transocean complained that BP was pressuring the rig owner to complete the well.

BP also played two videos from cement experts who told a presidential commission investigating the spill that their testing on components similar to what was used in the well showed Halliburton's cement was unstable.

BP has pleaded guilty to manslaughter and other criminal charges in the case and admitted to securities violations. It agreed to pay $4.5 billion in fines. Four current or former BP employees also face criminal charges in the case.